1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

On March 26, 2007, the Plaintiff obtained authorization from the Defendant for the establishment of the Housing Reconstruction Project Association (hereinafter “Maintenance Project within the instant project zone,” and then obtained authorization for the implementation of the project on August 29, 2007, the authorization for the management and disposition plan on March 14, 2008, the authorization for the completion of the project on April 26, 2012, and the authorization for the modification of the management and disposition plan on August 20, 2012, respectively.

The number of existing households in the project area of this case was 455 households (204 households owned by land, etc., 204 households, and 251 households), and the construction facilities were 430 households after its implementation, among which the objects of general sale are 238 households.

Pursuant to Article 9(1) of the former Act on Special Cases Concerning the Securing, etc. of School Sites (amended by Act No. 13006, Jan. 20, 2015; hereinafter “former School Sites Act”) and Article 4(1) of the Seoul Special Metropolitan City Ordinance on the Collection, etc. of Charges for School Sites, the affairs related to charges for school sites under the instant project were delegated to the Defendant’s authority. Under Articles 5(1) and 5-2 of the former Act, the charges for school sites were calculated based on the 238 household units, and the charges for school sites were imposed on February 23, 2012 on the first sale (total sale price of KRW 101,752,16,250) of the first sale of school sites (total sale price of KRW 101,016,930; hereinafter “former School Sites Act”) on April 20, 2012.

(hereinafter “each disposition of this case” and the charges imposed by each disposition of this case (hereinafter “each of the charges of this case”). The Plaintiff paid all of the charges of this case around April 20, 2012.

On the other hand, the Constitutional Court on July 25, 2013 relating to the housing reconstruction project under Article 2 subparagraph 2 (c) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents among Article 5 (1) proviso 5 of the former School Sites Act.